to access a chart of payday loan ordinances.

PAYDAY LENDING ZONING LAWS/LEGISLATION
APPENDIX 1 – List of Payday Lender Ordinances
JURISDICTION
BASIS FOR
LIMITS
DETAILS
Birmingham, AL
Midfield, AL
Moratorium
Moratorium
Homewood, AL
Permit
Mobile, AL
Moratorium
PROPOSED – 9/11
No more outlets than
the current 12
Restrictions on new
payday lender
businesses
6 month moratorium on
payday loan outlets as
of April 2010
Casa Grande, AZ
Distance
Gilbert, AZ
Distance/Permit
Mesa, AZ
Permit
Phoenix, AZ
Distance
Pima County, AZ
Permit/Density
Cannot operate within
1,320 feet of same regardless of whether
same is located within
city limits or another
jurisdiction
Cannot operate within
1,000 feet of each
other. Must apply for
conditional use permit
after going through
public hearing for
approval.
Payday businesses
must get a special
permit
Cannot operate within
1,320ft of each other
and within 500ft of
residential areas
New payday lenders
not allowed to locate
within 1,320ft (one
quarter mile) of
existing operations or
500ft. of homes or
residentially zoned
property. Also requires
a special permit.
CITATION
Summer 2011
Citation not
available
City Code
Chapter 64
Title 17, Chapter
17.12, Section
17.12.415
Citation not
available
Title 11
“Zoning”,
Section 11-1-6
Ordinance G4817
Chapter
18.45.040
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
South Tucson, AZ
Zoning/Density
City Ordinance
Section 24-526
Tempe, AZ
Density
Tucson, AZ
Density
Youngtown, AZ
Moratorium
Limited to three
business zones. Cannot
open within 1,000ft. of
existing operations or
within 500ft. of
residence districts,
schools, playgrounds,
or parks. Application
required.
Cannot operate within
1,320ft. of each other
and 500ft. of residential
areas
No payday lender
within 1,320 feet of
same; at least 500 feet
from R-3 or more
restrictive zoning
Banned in Town Limits
East Palo Alto
La Mirada, CA
In process
Distance
Municipal
Ordinance
21.45.010
Long Beach, CA
Permit
Los Altos, CA
Moratorium
Los Angeles, CA
Increase credit
unions
National City, CA
Moratorium
Cannot operate within
1,000 feet of each
other. Must be 500 feet
from residential areas.
Hours are limited to
7am-7pm. Restrictions
on building.
Check Cashing
institutions must be
located in commercial
districts.
45 day moratorium –
spring 2012
Ordinance provides
incentives for credit
unions to expand into
areas where payday
lenders are prevalent
Check cashing and
payday advance
business moratorium.
Chapter 4,
Section 3-423
Article 3,
3.5.4.5. –
Financial Service
Section
17.16.040
Municipal
Ordinance
21.15.480
No citation.
Ordinance
2232
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Norwalk, CA
Distance/
Prohibition
Municipal
Ordinance
17.04.095
Oceanside, CA
Permit
Oakland, CA
Permit
Pacifica, CA
Pico Rivera, CA
Moratorium
Distance/Zoning
Outlets must be 1320ft.
apart from each other.
No more than 8 outlets
in the city.
Requires special
operating permit,
payday lenders
classified as adult
businesses, not
permitted within
1000ft. of similar
businesses or within
500ft. of home, church,
park, or school.
Special Permit, must
not be closer than
1000ft. from another
check casher/payday
lender; must be at least
500ft. away from: 1)
community education
civic activities
(schools) 2) state or
federally chartered
banks, savings
associations, credit
unions, or industrial
loan companies 3)
community assembly
civic activities
(churches) 4) liquor
stores (excluding full
service restaurants or
liquor stores with 25 or
more full time
employees).
In effect until 1/2012
Outlets must be
2,640ft. from each
other.1 Zoned to certain
areas.
Redwood City, CA
In process
1
Changed from a year long moratorium on payday advance establishments.
Resolution
07-R0621-1
LCPA -2-07 and
ZA-4-07
Oakland
Planning Code
17.102.430
City Ordinance
1057
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Rialto, CA
Permit
City Ordinance
18.66.030
Sacramento, CA
Distance
San Diego, CA
Zoning
Must go before
planning commission
to receive approval and
conditional use permit.
Bans Payday Lender
from being within
1000ft of another
lender, check casher,
church, school or bank.
Prohibits new stores
from opening within
500ft of homes and
limits hours from 7
a.m. to 7 p.m.
Restricted to
commercial zones.
San Francisco, CA
Special District
San Jose, CA
Zoning
Santa Clara County, CA
Prohibition
Santa Monica, CA
Permit
South Gate, CA
Special
2
Referred to as
“Fringe Financial
Services”. Outlets
must be in specified
districts.2
Caps # of outlets at
current level; new
owner can move into
existing lending site
within 6 mo, of
vacancy otherwise
lender must be ¼ mile
from other lender and
low income areas.
Payday lenders
prohibited in
unincorporated areas.
Must get conditional
use permit
Restricts hours of
operation and lists
minimum security req.
Changed from no law concerning payday advance establishments
City Ordinance
17.24.050
Municipal Code
Section
158.0302
Municipal Code
section 249.35
Title 20, chapter
20.70 and
chapter 20.80,
sec. 20.200.875,
several parts
incl. 12.5
JURISDICTION
BASIS FOR
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DETAILS
CITATION
Washington, DC
Interest Rate
Pay day lenders can
charge no more than
24% interest on a loan
not secured by real
property and under
$2500.
DC Stat.
28-3301
Ft. Lauderdale, FL
Permit
*3
Pembroke Pines, FL
Permit
City Zoning Code does
not prohibit or permit
check cashing servesdecision on a case-bycase basis. Special
Permit required.
City Zoning Code does
not prohibit or permit
check cashing servesdecision on a case-bycase basis. Special
Permit required.
Columbus, GA
Business
restrictions/zonin
g
Payday lenders must
have borrower
database, loan caps,
and a ban on multiple
loans in a seven day
period. Zoned to
certain areas.
Municipal Code
Section 3.1.5
Belleville, IL
Permit/Outlet Cap Outlets require permit.
City limits number of
outlets in city to three,
Permit
Outlets required to go
through special
licensing process
Zoning
Outlets may only be in
specified districts
Permit/Outlet Cap Outlets requires permit
which are limited to 2
stores within the city
limits.
Bellwood, IL
Chicago, IL
Fairview Heights, IL
3
4
Citation not available
Citation not available
*4
Municipal
Ordinance 7-24
City Ordinance
section 117.187
City Code
Chapter 17-3
Article XI
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Glendale Heights, IL
Permit
Springfield, IL
Distance
Special use permit
required.
Requires that outlets
are at least 1500ft.
apart
City Code Title
4, chapter 1
City Ordinance
Section
8155.048.1
Ames, IA
Zoning
Outlets must be more
than 1,000 ft. schools,
childcare centers, other
payday lenders, land
zoned for residential
uses, any arterial street,
commercial highway
zones and overlay
districts.
Section 29.1312,
ordinance #4111
Clive, IA
Des Moines, IA
Moratorium
Temporary 3 month
ban beginning May
2010
Citation not
available
DeSoto, KS
Distance/Permit
Article 5 of the
Municipal
Ordinances
Kansas City, KS
Zoning
Requires a Permit at a
cost of $250 annually.
Requires that outlets
are at least 5280ft.
apart and 500ft. from
residential districts.
Periodic inspections
may be made however,
the inspection must be
reasonable and cannot
unreasonably interfere
with business.5
Prohibits payday
lending or check
cashing on parkways or
boulevards.
West Des Moines, IA
5
Citation not
available
Changed from complete prohibition of Cash Advance businesses within the city limits.
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Shawnee, KS
Distance/Permit
Requires a Permit at a
cost of $300 annually.
Requires that outlets
are at least 5280ft.
apart and 200ft. from
residential districts.
Periodic inspections
may be made however,
the inspection must be
reasonable and cannot
unreasonably interfere
with business.6
Municipal
Ordinances
Section 5.53.000
Prince George, MD
Permit
Restrictions on new
check cashing
businesses.
Municipal Code
Section 27341.01
Arnold, MO
Permit
Appendix B
Zoning
Bellefontaine, MO
Moratorium
Berkeley, MO
Permit
Blue Springs, MO
Permit
Conditional Use Permit
for “small loan
business to certain
commercial areas.
Ban on check cashing
businesses and
predatory lenders.
Requires that outlets
(including cash
advance, pawnshops
and similar businesses)
are at least 1400ft. and
not within 300ft. from
place of worship,
schools, or residential
zone property.7
Outlets must have
permits and be in
proper districts.8
Smithville, KS
6
Municipal Code
Section 29-9
Municipal Code
section
400.130(d)(19)
Municipal Code
Chapter 405
Changed from prohibition of Cash Advance businesses on the eastern side of the city
Creates a classification for payday loan establishment different from “financial institutions.”
8
Previously cited as having distance requirements however, no citation was provided and no matching
ordinance was found.
7
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Fairview Heights, MO
Density/Permit
Article XI of
City Code
Gladstone, MO
Density
Must be not more than
2 payday lenders within
city limits.
One mile between
outlets, 200ft. from
residential area, outlet
must be in a multitenant commercial
building housing at
least four separate
entities.
Said to have regulation
similar to Blue Springs
and KC. Cannot find in
code.
Cannot be within 2500
ft. of another lender,
1000 ft of school, park,
church, hospital, day
care, public building or
500 ft. of a home.
Outlets are required to
have a permit.
Ordinance allows city
to inspect the outlets.9
Independence, MO
Jackson County, MO –
unincorporated areas
proposed
Kansas City, MO
Permit
9
Changed from total ban on payday loan establishment in certain districts.
Municipal Code
section
7.135.020
Jan 2012
City Ordinances
Section 43-1
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
City of North Kansas
City, MO
Permit/Distance
City Ordinances
section
7.135.020
Oak Grove, MO
Permit
St. Ann, MO
Outlet Cap
St. John, MO
Outlet Cap
St. Joseph, MO
Density
Requires Permit. At
time of establishment
must be: 1) one mile
apart from each other
2) must be one mile
from any hotel or motel
3) must be 1000ft. from
liquor store, school,
religious inst., senior
citizen housing dev.,
museum, or landmark
/historic property or
district 4) No accessory
services may be offered
5) May not be across
the street from
specified residential
districts 4) Applicant
for new establishment
must demonstrate no
negative impact on
property within 500ft.
of proposed location 5)
permit limited to 2
years.
Outlets limited to 1
outlet per 5000
residents and requires a
special permit.
No more than 3 payday
lenders allowed within
city limits.
No more than 2 payday
lenders allowed within
city limits.10
Per capital limit of
1/15,000 residents.
10
Changed from creating a special licensing procedure.
Citation not
available
Municipal Code
Section 400.390
Municipal Code
section 636.010
No citation
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
St. Louis, MO
Density
Applies to “small loan
business” and check
cashing establishments.
Conditional land use
permits required. Must
be 1 mile from each
other and 500 feet from
residence, school, or
church
Outlets must be 5280ft.
apart from each other
and 300ft. residential
districts.11
Must obtain permit.
Hours limited to 7a.m.
– 9p.m. Outlets must be
1,000 feet from each
other.
Municipal Code
section
Moratorium beginning
November, 2009.
Moratorium on new
check cashing
businesses
90 day moratorium
beginning March 2,
2010.
Payday lending
businesses are
restricted to industrial
zoned areas.
12 month moratorium
beginning in 1/10.12
Citation not
available
Citation not
available
St. Louis County, MO
Distance
Valley Park, MO
Permit
Byram, MS
Moratorium
Canton, MS
Moratorium
Clinton, MS
Moratorium
Flowood, MS
Zoning
Starkville, MS
Moratorium
11
12
Changed from requiring a conditional use permit with a public hearing.
http://www.mpbonline.org/news/story/cities-crack-down-new-payday-lenders
26.08.101;
26.08.384
Municipal Code
section 1003.133
Municipal Code
section
605.340 et.seq
Citation not
available
Municipal Code
section 207.07
*
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Clark County, NV
Permit/Density
Municipal
Ordinance Title
19.06
Henderson, NV
Distance
Las Vegas, NV
Permit/Density
North Las Vegas, NV
Distance
Special use permit
required. May not be
within 200ft. of
residences. Must be
1000ft. from other
financial institutions,
auto title loan
businesses, and pawn
shops. Restricted
hours.
Outlets must be 1000ft.
apart and 200ft. from
residential district.13
Special use permit
required. May not be
within 200ft. of
residences. Must be
1000ft. from other
financial institutions,
auto title loan
businesses, and pawn
shops. Restricted
hours.
Outlets must be 2500ft.
apart from each other
(or like business) and
must be 500ft. from
residential districts.14
Hackettstown, NJ
Permit
Payday lenders must
get permission from
city council to open
downtown.
Citation not
available
Municipal
Ordinance
section 19.4.3
Municipal
Ordinance Title
19.06
Municipal
Ordinances
Chapter
17.24(25)
13
14
Changed from a 6 month moratorium on new payday lenders which started on July 2005
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Clayton City, OH
Permit/Distance
Municipal
Ordinance
1124.93
Cleveland, OH
Density
Cuyahoga Falls, OH
Density
Lakewood, OH
Density/permit
Parma, OH
Density/Prohibiti
ons
Xenia, OH
Distance/Zoning/
Permit
Permit is required and
operation hours are
confined to 8 a.m. till 6
p.m.. The loans given:
must not exceed $500,
must be less than 6
months, the interest
rate must not exceed
36%, and all terms and
conditions must be
written. Outlets must
be 1000ft. apart and
1000ft. from residential
districts.
Ordinance limits
outlets to one per
20000 residents, must
be at least 1000ft.
apart.
Ordinance limits
outlets to one per
10,000 residents, must
be at least 1000ft.
apart.
Ordinance defines
number of terms and
limits location of
payday loan business.
They cannot be within
750ft. of any other
payday loan or similar
business.
Stores cannot exceed
one per 10,000
residents or locate
within 1,000 feet of
same. Limited to
certain zoning districts.
Outlets must be 5,000
ft. apart, restricted to
certain zones, and a
permit is required
Citation not
available
Citation not
available
Municipal
Ordinance 13652006
Chapter 1170
Municipal
Ordinance
1294.21
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Oklahoma City, OK
Zoning
Restricted to certain
zones.
Municipal
Ordinance
8300.57
Beaverton, OR
Loan Restriction
Title 7, Chapter
7.12, Sections
7.12.005 7.12.060
Bend, OR
Loan Restriction
Borrower may cancel
loan within close of
next business day with
restrictions. Lenders
may not renew loans
more than twice.
Lender may not renew
unless borrower has
paid at least 25% of
principle plus interest
on balance. After max
number of rollovers,
lender shall allow
borrower to convert to
payment plan prior to
default with no
additional fees
assessed. Passage of
2007 Oregon state law
capping rates at 36%
had no effect on local
ordinances.
Same as Beaverton, OR
Eugene, OR
Loan Restriction
Same as Beaverton, OR
Gresham, OR
Loan Restriction
Same as Beaverton, OR
Oregon City, OR
Loan Restriction
Same as Beaverton, OR
Portland, OR
Loan Restriction
Same as Beaverton, OR
Chapter 7,
Sections 7.850 7.895
Chapter 3,
Sections 3.550 3.560
Chapter 9,
Sections
9.90.010 –
9.90.110
Title 5, Chapter
5.32, Sections
5.32.010 –
5.32.100
Title 7, Chapter
7.26, Sections
7.26.010 –
7.26.110
JURISDICTION
BASIS FOR
LIMITS
DETAILS
Troutdale, OR
Loan Restriction
Same as Beaverton, OR Title 5, Chapter
5.06, Sections
5.06.010 –
5.06.110
Pittsburgh, PA
Density
Operating hours
restricted. Cannot
locate within 1,000 feet
from same/pawn
shop/gaming enterprise
or within 500 feet from
residential zone.
Chapter 911,
Section
911.04.A.93
Providence, RI
Prohibition
Restrictions on any city
dealings with predatory
lenders
Municipal code
section
2-18.2
Easley, SC
Cap
Citation not
available
Greenville, SC
Density
Restrictions on new
payday lender
businesses.
Cannot locate less than
3,000 feet from same.
Location must be in a
shopping
center/grocery store
which has a minimum
of 30,000 square feet.
Lender cannot have
separate exterior
access.
Studying check cashing
outlet restrictions
Outlet must be 1000ft
apart and 1,320 from
residential or landmark
district.
Zoning restrictions.
Citation not
available
Appendix A (24)
East Ridge, TN
Memphis City and
Shelby County, TN
Distance
Nashville, TN
Zoning
15
In East Nashville lawsuit filed by title lender Tennessee Quick Cash in June 2010
CITATION
Chapter 19,
Article 19-4,
Section 194.3.3(D)(6)
Ordinance
BL2008-169 15
JURISDICTION
BASIS FOR
LIMITS
DETAILS
Austin, TX
Distance/
Prohibited
District/ Loan
restrictions
Brownsville, TX
Moratorium
Dallas, TX
Loan restrictions
Loan restrictions same
as Dallas, zoning:
outlets cannot be within
1000 ft of each other,
within 200 ft of
property with residentl
zoning, within 500 ft of
rights-of-way for I-35
and other listed
highways, no outlets in
specified overlay or
boundary areas.
6 month moratorium
running through 5/10
Requires registration
with city, outlines
maintenance of records,
cannot loan more than
20% of customer gross
monthly income,
installment payments
cannot exceed 4, and
25% or more of each
payment must go
toward principle, no
rollover of installment
payment loan; lump
sum payment loans
cannot be rolled over
more than three times,
proceeds from rollover
must be 25% or more
toward principle, no
refinance or renewal,
less than 7 days =
rollover.
Fort Worth, TX
Garland, TX
CITATION
Chapter 50,
Article XI,
adding to
sections 50-144
through 50-151.3
2006?
JURISDICTION
BASIS FOR
LIMITS
DETAILS
CITATION
Irving, TX
Distance
Municipal code
Section 52-35
Little Elm, TX
Distance/
Prohibited
District
Mesquite, TX
Distance/
Prohibited
District
Richardson, TX
Distance
Outlets must be 1000ft.
apart from each other
and more than 200ft.
away from residential
district.16
Outlets must be 1000ft.
apart from each other
and must be 500ft from
residential districts.
Outlets are prohibited
in town center and
must be a free standing
structure
Outlets must be 1000ft.
apart, in freestanding
buildings, at least
200ft. from residential
areas and 500ft. from
freeways. Cannot be in
special “overlay” dist.
Outlets must be 1000ft.
apart.17
Sachse, TX
Permit/Distance/
Prohibition
16
Changed from no statutes concerning payday lenders
Changed from limit on number of outlets
18
Changed from requiring only a permit
17
Permit required.
Payday Cash advance
business (and like
businesses) must be
1000ft. apart. Outlets
are prohibited 500ft.
from city line and
George Bush Highway.
Additionally, a cap of
36% annually is put on
loans.18
Municipal Code
Section 106-7
Municipal Code
Section 3-505
Municipal
Ordinance
Supplemental
regulations for
certain uses
section 9
Municipal
Ordinance
Article 3 section
11
JURISDICTION
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DETAILS
CITATION
San Antonio, TX
Permit
Requires outlets to get
special authorization
from city council.
Operating hours are
controlled by city
council and no outdoor
service is permitted.
Municipal Codes
chapter 35
American Fork, UT
Density
Brigham City, UT
Density
Municipal Code
chapter 5.30
Title 29, Chapter
29.13, Section
29.13.020
Logan, UT
Density
Limited to 1/10,000
residents
Cannot locate within
5,280 feet of same
inside or outside city
limits. Stores cannot
exceed one per 10,000
residents.
Defined as
“nondepository lender”
and restricted to
1/10,000 residents
Payday lenders not
permitted in mixed use
zone.
Limited to 15 outlets.
Must be 1,000 ft from
each other and 660 ft
from pawnbroker or
sexually oriented
business. Must have
sign that says that short
terms loans should not
be used as a long term
solution
Cannot locate within ½
mile of same. Stores
cannot exceed one per
10,000 residents.
Requires conditional
use permit, only
allowed in C3 zones
No new payday cash
advance business.
Murray, UT
Moratorium
Ogden, UT
Density
Orem, UT
Density
Riverdale, UT
Permit
Roy, UT
Moratorium
Municipal Code
5.19.020
Title 17, Chapter
17.146, Section
17.146.020
Not yet codified
– passed 6/10
Chapter 22,
Article 22-14,
Section 22-14-21
Article from
StandardExaminer
JURISDICTION
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DETAILS
CITATION
Salt Lake County
(unincorporated)
Density
Stores cannot exceed
one per 10,000
residents.
Sandy, UT
Density/Zoning/D Outlets must be 5,280
istance
ft from each other.
Limited to 1/10,000
residents. Conditional
use permit. Zoned to
certain areas.
Density
Cannot locate closer
than 600 feet of same
or residential zone.
Stores cannot exceed
one per 5,000 residents.
Density
Cannot locate within 1
mile of same.
Title 5, Chapter
5.73, Sections
5.73.010 –
5.73.030
Chapter 15A-1120
South Salt Lake City, UT
South Jordan, UT
Taylorsville, UT
Density
West Jordan, UT
Density
West Valley City, UT
Density
Burlington, VT
Zoning
Chesterfield County, VA
Zoning
Cannot locate within
600 feet of same.
Stores cannot exceed
one per 10,000
residents.
Cannot locate within
1,000 feet from same.
Maximum of 12 stores
allowed in city.
Cannot locate within
600 feet of same.
Stores cannot exceed
one per 10,000
residents.
Does not allow check
cashing
Stores cannot have
separate exterior
entrance.
Limited to certain
commercial zones.
Title 17, Chapter
17.26, Section
17.26.030
Title 17, Chapter
17.52, Section
17.52.030
Title 13, Chapter
13.04, Section
13.04.103
Title 13, Chapter
13.5, E-5
Title 7, Chapter
7.1, Section
7.1.103
Chapter 19,
Sections 19.145
& 19.175
JURISDICTION
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DETAILS
CITATION
Norfolk, VA
Permit
Must receive
permission form the
city council in the form
of “special exception
use” permit
Chapter 6-4
Green Bay, WI
Density
Chapter 13,
Section 13.1606
Madison, WI
Density
Milwaukee, WI
Density
Racine, WI
Density
Superior, WI
Zoning/Density
Wauwatosa, WI
Density
West Allis, WI
Distance
Cannot locate within
5,000 feet of same or
150 feet of residential
zone. Cannot operate
between the hours of 9
p.m. – 6 a.m.
Cannot locate within
5,000 feet of same.
Cannot locate within
1,500 feet of same or
within 150 feet of
residential zone.
Cannot locate within
2,500 feet of same or
within 250 feet of
residential zone.
Limited to commercial
highway zones only.
Cannot locate within
2,500 feet of same or
within 300 feet of
residential zone. Stores
cannot exceed one per
5,000 residents. Hours
of operation limited to
8 a.m. – 10 p.m.
Cannot locate within
2,500 feet of same or
within 250 feet of
residential zone.
Cannot operate
between the hours of 9
p.m. – 9 a.m.
Outlets must be 3,000
ft apart and restricted to
regular business hours
Chapter 28,
Section 28.09
Subchapter 6,
Section
6.295.603
Chapter 114,
Article V,
Division 3,
Section 114.468
Chapter 122,
Article V,
Section 122.614
Title 24, Chapter
24.46, Section
24.46.100
City Ordinance
9.32 and 12.43